My husband is blackmailing me, what can I do? 4 Answers as of June 28, 2011

My husband is blackmailing me but says that if I am intimate with him he will leave me alone. I have filed for a restraining order but was denied. He also threatens me with taking our daughter away. How can I make a good case since I am representing myself?

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You have left out a lot of details, but the bottom line in custody cases is that the judge will decide based on the "best interests of the child". You will need as much evidence as you can to show the judge that your daughter is best in your custody. Additionally, it sounds like you may be facing an abusive situation at home. I strongly suggest you seek out help for yourself and daughter at a womans shelter and/or get some counseling at a neighborhood center.

A restraining order is normally granted when a person is alleging a real threat of physical harm. However, in some cases the court may grant a restraining order for threatened emotional abuse. Your husband can say he will "take your daughter away". However, that normally means in a divorce he will ask for primary custody of your daughter. He can legally request that. It is up to the judge to decide what the custody arrangement should be. It is very difficult to attempt to represent yourself in a situation when your husband is making such threats. You should seek an immediate in office consultation with a law firm that has tremendous family law experience.

It sounds like you should contact an attorney to assist you in obtaining a restraining order and protecting your interests. You should ask the attorney to assist you in preparing and filing an Order to Show Cause which would give you custody and visitation orders. It does not seem like this is a matter which you should be handling on your own.

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